HomeMy WebLinkAbout18-Human Resources
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ORIGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Linn Livingston
Subject: A Resolution Establishing a
Management and Confidential
Employee Compensation and
Benefits Plan and Repealing
Resolution Nos. 2005-230, 2003-364,
2003-329,2003-277,2003-41 & 2002-
104, by Codifying Prior Council
Actions
MICC Meeting Date: July 18, 2005
Dept:
Human Resources
Date:
November 20, 2003
Synopsis of Previous Council Action:
On May 8,2001, the Mayor and Common Council adopted Resolution No. 2001-94, a
Resolution establishing a Management/Confidential Employee Compensation and
Benefits Plan and repealing Resolutions Nos. 2001-61 and 2000-13.
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2005-06 Adopted Budget and
transfer $193,400 from General Govemment Account 001-092-5011 to various
departmental salary and benefit accounts in accordance with imple entation of this
resolution.
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
$193.400
Source: (Acct. No.)
(Acct. Description)
Finance:
CO'P;;i1 Notes:
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Agenda Item No._f ~
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CITY OF SAN BERNARDINO.. REQUIIST FOR COUNCIL ACTION
Staff Report
Subiect:
A Resolution of the City of San Bernardino establishing a Management and Confidential
Employee Compensation and Benefits Plan and Repealing Resolution Nos. 2005-230, 2003-364,
2003-277, 2003-41, and 2002-104 by codifying prior Council actions.
Back2round:
The City Administrator and the Advisory Committee of the San Bernardino Confidential
Management Association (SBCMA) have met and discussed various proposals for the SBCMA
employees. SBCMA has accepted a proposal subject to ratification by the Mayor and Common
Council. This agreement will cover an 18-month period from July 1, 2005 to December 31,
2006, and contains the following items:
A. ComDensation: A five percent (5%) salary range adjustment that moves the entire pay
scale upward by five percent (5%), effective January 1, 2006. Salary increases would be
based on merit.
Effective the payroll period following Mayor and Common Council approval, a one-and-
one-half percent (1.5%) Cost-of-Living-Adjustment (COLA) will be given. Effective July
1,2006, a one percent (1 %) COLA will be given. These COLA's will result in the entire
pay scale moving upward by the percentage increase.
B. Insurance: Effective January 1, 2006 the City shall contribute a maximum of $910.72 per
month for each employee to be used to purchase City-sponsored medical, dental, vision,
and life insurance.
C. Class & ComD Studv: For non-safety classifications, the City at its expense agrees to
conduct a classification and compensation study of all Management/Confidential
classifications. The City further agrees that the study will be completed on or about
September 1, 2007.
D. Holidavs: Effective January 1, 2006, non-safety employees shall be entitled to receive the
number of hours of holiday time ("holiday account") with one (1) holiday equivalent to
nine (9) hours. Two (2) floating holidays will equa118 holiday hours.
The Mid-Management Unit employees received a one-and-a-half(1.5%) COLA on January 1,
2005, and another one percent (1 %) COLA on January 1, 2006, for a total of two- and- a-half
percent (2.5%). The Management/ Confidential and Unclassified Employees last received a
COLA of two percent (2%) on July 1, 2002. Previous Council action provided this group with a
10% range adjustment on January 1, 2004.
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Recommended Cost-of-Living Adjustments (COLA's) are consistent with COLA's received by
the Mid-Management and General Units. COLA and range adjustments are necessary to reduce
compaction with the Middle Management Unit and for recruitment and retention issues.
This resolution also incorporates the various side letters that have been adopted in Resolution
Nos. 2005-230,2003-364,2003-329,2003-277,2003-41, and 2002-104.
Financial Impact:
Fiscal Year 2005-06 Cost: $193,400
Funds for MOU implementation and negotiations were included in the FY 2005-06 General
Government budget.
Recommendation:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2005-06 Adopted Budget and transfer
$193,400 from General Government Account 001-092-5011 to various departmental
salary and benefit accounts in accordance with implementation of this resolution.
HRI Agenda ltems:SR.Reso.Mgmt.Conf.2005
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RESOLUTION NOro fV
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION
NOS. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104,
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WHEREAS, it is necessary to codify the compensation and benefits granted to management
confidential employees;
NOW THEREFORE, BE IT RESOLVED THAT:
SECTION I" The Mayor and Common Council hereby establish a Management and Confidential Employe
Compensation and Benefits Plan which defines the wages and benefits of those employees whose positions are
part of the Management/Confidential Group and are represented by the San Bernardino Management/Confidentia
Association (Association).
SECTION 2. The Management/Confidential Employee Compensation and Benefits Plan (Plan) shall be a
follows:
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Classifications
All Classifications listed in Resolution 6413, Sections Twelve and Fourteen, shall be covered b
this Plan. Resolution 6413, Sections Twelve and Fourteen, attached, lists those classifications as of the adoption 0
this resolution.
A.
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B.
Compensation
I. Safety Classifications shall have their salaries detennined in accordance with Charte
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2. A five percent (5%) salary range adjustment that moves the entire pay scale upward
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: by 5%, effectin January 1, 2006; salary increases would be based on merit.
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Effective the payroll period following Mayor and Common Council approval, a one
and-one-half percent (1.5%) Cost-of-Living-Adjustment (COLA) will be given. Effective July 1, 2006, a on
percent (1 %) COLA will be given. These COLA's will result in the entire pay scale moving upward by th
percentage increase.
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For non-safety classifications, the City at its expense agrees to conduct
classification and compensation study of all Management/Confidential classifications. The City further agree
that the study will be completed on or about September 1,2007.
3. Annually, all non-safety management and confidential employees who have not ye
reached top step, may receive an increase ranging from zero percent (0%) to five percent (5%), based upo
performance evaluations completed within the previous evaluation period. The evaluation period is six (6) month
for employees initially hired at Step I, and twelve months between all other steps.
4. Elected officials, the Civil Service, Library and Water Boards may detennine whether 0
not to conduct performance evaluations in writing. In the absence of a written performance evaluation, electe
officials, the Civil Service, Library and Water Boards may give Step increases not to exceed five percent (5%).
5. All other management and confidential employees shall be evaluated in writing.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION
2 NOS. 2005-230,2003-364,2003-329,2003-277,2003-41, and 2002-104.
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a. Evaluation of department heads and heads of divisions within the Cit
Administrator's Office will be performed by the City Administrator and reviewed by the Mayor.
b. Evaluation of other management/confidential employees, will be performed b
the department or division head. In the case of divisions within the City Administrator's Office, the division hea
will perform the evaluation of the management/confidential employees in that division and may be reviewed by th
City Administrator. Evaluation forms for these employees will be provided by the Human Resources Department.
6. Recommendations for increases shall be submitted to payroll on a form provided b
Finance at least thirty (30) days prior to the expiration of the evaluation period.
a. Recommendations for salary advancement of a department or division head
within the City Administrator's Office, shall be submitted by the City Administrator.
b. Recommendations for salary advancement of the Civil Service Chief Examine
shall be submitted by the Civil Service Board.
c. Recommendations for salary advancement of the City Librarian shall b
submitted by the Library Board.
d. Recommendations for salary advancement of employees of elected officials
with the exception of the Council Office, shall be approved and submitted by the Elected Official
e. Recommendations for salary advancement within the Council Office shall b
submitted by the Council Committee.
f. Recommendations for advancement of all other management/confidentia
employees shall be submitted by their respective department heads.
C. Insurance (Medical. Dental. & Vision)
Effective January 1, 2006 the City shall contribute a maximum of 5910.72 per month fo
each employee to be used to purchase City-sponsored medical, dental, vision, and life insurance.
D. Retired Emplovees Medical Insurance
The City shall contribute a monthly maximum of forty-eight dollars and forty cents (548.40) pe
retired employee to be applied towards the monthly medical insurance premium.
E. Lon\!:- Term Disabilitv Insurance
The City shall provide long term disability insurance for employees. Subject to the usua
provisions and exclusions of such insurance plans, the coverage shall be for sixty percent (60%) of salary after
sixty (60) calendar day elimination period, for a maximum period of two years. An employee shall not be required t
exhaust his or her sick leave to receive benefits.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
CO;\FIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTIO!\
2 NOS. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104.
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F, Life and Accidental Death & Dismemberment (AD&D) Insurance
The City shall provide Term Life and Accidental Death and Dismemberment Insurance of fift
thousand dollars ($50,000) for Management employees and twenty-five thousand dollars ($25,000) for Confidentia
employees.
G. Deoartment Head Allowance
A Department Head is entitled to an allowance of fifty dollars ($50) per month to cover variou
work-related expenses. The allowance shall not accumulate from month to month. Sums provided hereunder shall b
on a reimbursement basis under a system to be developed by the City Administrator.
H. Uniform Allowance
Police
1. Once each fiscal year, each Police Safety Management member shall receive a
annual uniform allowance of six hundred dollars ($600) to be paid in a lump sum amount during the first pa
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uniform allowance.
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New employees must wait until the first pay period of March to receive their annua
The City shall furnish and replace as needed the following items:
Four (4) work shirts;
Three (3) pairs of work trousers;
Safety boots or shoes.
I. PERS
Non-Safety Emolovees:
1. Any non-safety employee hired on or after January I, 1998, the City will pay five percen
(5%) of the members' contribution to PERS credited to the employee's account as a fringe benefit. Upon sai
employee completing five (5) years of service, the City will pay two percent (2%) additional of the members
contribution to PERS credited to the employee's account as a fringe benefit on the fITst pay period of the sixth yea
of service.
2. The City shall provide the 2% @ 55 retirement benefit to all non-safety employees, wit
the City paying the increased cost for this benefit.
3. The City has amended the PERS contract to allow employees to buy back previou
eligible time, tax deferred, after the employee contacts PERS and obtains their approval.
4. The City has contracted with PERS to provide Section 2 I 574, Fourth Level of 195
Survivor Benefits. All associated costs of this benefit will be borne by the employee.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT A~
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLVTION
2 NOS. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104.
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Safetv Emolovees:
1. As of December 31,1999, the City will pay the nine percent (9%) employee contributio
to PERS for safety employees.
2. The City agrees to pay the employer contribution for the 4th level of 1959 survivor'
benefit for fire management employees.
3. The City shall provide the 3% @ 55 retirement benefit formula for fire and polic
management employees.
4. The City adopted Resolution No. 2000-351 with an implementation date of January 1
2000, for paying and reporting the value of the Employer Paid Member Contribution (EPMC) under the guideline
of Government Code Section 20636(c )(4) pursuant to Section 20691. The City will report the nine percent (9%
Employee Contribution as Special Compensation under the current PERS laws.
For purposes of determining overtime compensation and other salary payments, includin
but not limited to, payoff sick leave, vacation accruals, holiday accruals and comp time balances, th
aforementioned nine percent (9%) base salary increase shall not be considered.
5. The City shall provide a tax-qualified defined benefit plan to provide supplementa
retirement benefits based on the difference between CaIPERS' 3% @ 55 Plan and 3% @ 50 Plan for PoUc
Safety Management employees with 20 or more years of service. This agreement shall be in effect unti
December 31, 2005. Until that time, the costs associated with this plan will be paid by the City. Police Safet}
Management employees' share of ongoing costs after December 31, 2005 will be subject to future discussions.
To qualify for supplemental retirement benefits based on the difference betwee
CalPERS 3% @ 55 Plan and 3% @ 50 Plan, employees must meet all of the following qualifications betwee
January 1, 2004 and prior to December 31, 2005. On July 5, 2005, this benefit was extended for the perio
effective January 1, 2006, and prior to December 31, 2008.
a. Must be 50 }'ears of,age;
b. Have 20 or more years of service with the City of San Bernardino; and
c. Be eligible for retirement and concurrently retire with PERS; or
d. Meets the eligibility requirements for an industrial disability retirement wit
the City of San Bernardino.
When retiring, employees must retire from the City of San Bernardino.
6. FLSA Issues: If the City agrees to implement the 3% @ 50 PERS Retirement Benefi
during the term of this side letter, the Police Safety Management members agree to recognize their status as Exemp
employees and as such agree to waive any and all claims, past and future, regarding this issue.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
. CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOUJTIOl
2 NOS. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104.
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J. Education Incentive Pay
All Safety Management members shall be entitled to receive, in addition to their regular salary an
as may be appropriate, one of the levels of incentive payment as outlined below:
Fire
I. All Fire Safety members who obtain a State Fire Officer Certification shall receive a
additional one hundred fifty dollars ($150) per month above base salary; or,
2. All Fire Safety members who obtain a State Chief Officer Certification or completion 0
the National Fire Academy Executive Fire Officer Program shall receive an additional two hundred fifty dollar
($250) per month above base salary.
Police
I. All Police Safety members who obtain a POST Intermediate Certificate shall receive tw
hundred dollars ($200) additional compensation per month;
2. All Police Safety members who obtain a POST Advanced Certificate shall receive tw
hundred fifty dollars ($250) additional compensation per month;
3. All Police Safety members who obtain a POST Supervisory Certificate shall received tw
hundred seventy-five dollars ($275) additional compensation per month shall be paid each member
4. All Police Safet)' members who obtain a POST Management Certificate shall receiv
four hundred fifty dollars ($450) additional compensation per month.
K. Overtime
Employees will receive overtime compensation in accordance with the Fair Labor Standards Ac
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(FLSA).
L.
Administrative Leave
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All forty (40) hour/week FLSA exempt employees in lieu of monetary compensation shall b
assigned eighty (80) hours of Administrative Leave and shift FLSA exempt emplo)'ees shall be assigned on
hundred twenty (120) hours of such leave each July I. Administrative Leave shall not be carried beyond th
end of any fiscal year and shall not be paid for at any time.
M. Acting Pav
1. The Mayor may assign an employee to discharge the duties of a higher classification fo
additional compensation as provided herein, in the event of a vacancy or during the temporary absence of a
employee.
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2. An employee assigned to acting duty in writing by the Mayor shall receive acting du
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pay as follows:
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION
NOS. 2005-230. 2003-364, 2003-329, 2003-2~7, 2003-41, and 2002-104.
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a. Non-safety employees, acting in a higher position, below the level 0
DepartmentlDivision Head, shall receive acting duty pay on the sixth consecutive work day of each acting du
assignment. No acting duty pay will be paid for the first five work days of each acting duty assignment except for a
employee who has served a twenty day demonstration period during the previous twenty-four (24) months, a
recorded in the employee's official personnel and/or Civil Service record. The entire period of the acting dut
assignment at the higher classification, including the initial work demonstration period may not exceed sixty (60
working days except by the mutual agreement of the Mayor and Common Council and the employee.
b. Non-safety employees acting as Department Head or Division Head shallb
eligible for acting duty pay on the first work day of each such assignment.
c. Safety employees' acting duty pay shall be governed by Charter Section 186.
2. Acting pay for non-safety employees shall be the frrst step of the salary range for th
acting position next above the employee's regular salary, which would provide the acting employee at least a fiv
percent (5%) salary increase.
4. Upon any subsequent service of a non-safety employee who completed a prior actin
duty assignment in the same higher acting position, compensation at the higher rate shall commence upon the firs
date of such subsequent service.
5. It is not the intent of this subsection to provide such compensation for vacation relief 0
for limited, short-term absences.
N. Annual Phvsical Exam
An annual physical examination is available for all participants. The City shall pay for medica
fees for the physical examination of said employees. Reimbursement to the employee for the examination shall no
exceed one hundred seventy-five dollars ($175).
O. Deferred Comoensation
The City shall execute an agreement with a carrier to provide a deferred compensation plan for al
participants provided the Association concurs with the selection of the carrier and the plan.
P. Emplovee Assistance Prol!.ram
All participants shall be able to receive counseling in problem-solving personal and emotiona
matters through the City's Employee Assistance Program (EAP).
Q. Vacation Leave
1. All Participants Shall Accrue: Ten (I 0) da~s of paid vacation upon the first day of th
second year of continuous full-time employment with the City of San Bernardino. Thereafter, vacation shall accru
each pay period prorated according to the number of days or shifts per year in the following chart:
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RESOLUTION OF THE CITY OF SAN BER."JARDINO ESTABLISHING A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTIO
2 NOS. 2005-230, 2003-364, 2003-329,2003-277,2003-41, and 2002-104.
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40 Hr/W eek 56 Hr/Week
Completed Years of Employee Days Employee Shifts
Continuous Service Per Year Per Year
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5 15 7-'1.
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20 25 12-'1.
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*No vacation shall be granted if service is less than one (I) year.
2. Vacation credits may accrue and accumulate for a maximum of two (2) years' tota
accumulated vacation credits on a carry over basis from year to year. Vacations or portions thereof from any on
year so accrued may run consecutively with vacations or portions thereof of the next succeeding year.
3. In the event an employee works less than fifty percent (50%) of the total normal wor
hours in a pay period, helshe shall not be credited with any vacation leave for such pay period. Approved vacation
sick, holiday, and Administrative Leave shall be considered as time worked for this item only.
4. When an employee resigns or otherwise leaves the service of the City, payment shall b
made to the employee for the earned portion of his vacation on the basis of the hourly rate of pay being received b
the employee on the date of separation.
Police
5. Police Safety Management members may sell back up to forty (40) hours of vacatio
time per year providing that the following conditions have been met:
a. Police Safety Management members must have a minimum' of one hundr
120) hours in their vacation balance before sell back occurs.
b. Police Safety Management members must have taken a one-consecutive (1
week vacation during the past calendar year prior to the sell back of hours.
c. Eligible Police Safety Management members shall notify the Finane
Department by August 1 of his/her request to sell back for the prior fiscal year ending June 30.
d. The City shall compensate eligible Police Safety Management members 0
the first payday in September. Compensation will be calculated using the June 30.h hourly rate.
R. Tuition Costs
All participants shall be reimbursed for selected tuition costs and textbooks for previousl
approved job related courses, which will increase the value of the employee to the City, provided that the employe
achieves a passing grade of"B" or better. The amount of reimbursement shall be the equivalent of tuition costs fo
up to six (6) units per quarter as charged by Cal State University, San Bernardino, or up to one-and-a-half (1-1/2
25 times that amount if based on a semester.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTIO
NOS. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104.
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S. Sick Leave
All participants shall be granted six (6) working days of sick leave or a half (y,) shift for shif
employees after six (6) calendar months of continuous service. Thereafter, sick leave as herein provided shall accru
at a rate of eight (8) hours per month, four (4) hours per pay period or a half (y,) shift per month for approximatel
six (6.0) hours per pay period for shift employees. In the event an employee works less than fifty percent (50%) 0
the total normal work hours in the pay period, he/she shall not be credited with any sick leave for such pay period
Approved vacation, sick leave, holiday or administrative leave shall be considered as time worked for the purpose 0
computing sick leave benefits only. Whenever an employee uses all allowable sick leave, further absences may b
charged against accrued vacation or with department head approval, the employee may take loss of pay rather tha
vacation.
IS
I. Sick leave means the absence from duty of an employee because of illness or injury
exposure to contagious disease, attendance upon a member of hislher immediate family who is seriously ill an
requires the care of or attendance of an employee, or death in the immediate family of the employee. Immediat
family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son or daughter, mother-in
law, father-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in-law.
2. Upon the Department Head's request, an employee must provide a physician's statemen
to Justify a sick leave of five (5) consecutive days or two-and-a-half (2-y,) shifts or longer. If the department hea
finds with just cause that sick leave is being abused, the employee may be required to submit a physician's statemen
after any absence.
3. No absence due to illness or injury in excess of five (5) working days or two-and-a-hal
(2-y,) shifts shall be approved except after the presentation of satisfactory evidence of illness or injury; namely
certificate from a practicing physician or an authorized practicing chiropractor approved by the City Administrator
The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits 0
this resolution be examined at any reasonable time or intervals by the City's designated physician, and in the even
of an adverse report to reject such claim for sick leave, in whole or in part, and to terminate sick leav
compensation. In the event of the refusal of any person to submit to such examination after notification, the Ci
Administrator may terminate sick leave compensation and reject any claim therefor. The City Administrator shal
have the right to require the presentation of a certificate from a practicing physician stating that an employee i
physically or psychologically able to perform hislher work and duties satisfactorily before permitting an employe
who has been on sick leave to return to work.
4. In order to receive compensation while absent on sick leave, the employee shall notif
hislher immediate supervisor prior to or within four (4) hours after the time set for beginning hislher daily duties, 0
as may be specified by the Head ofhislher Department.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT Al\
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTIOl"
2 NOS. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104.
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5. When absence is for more than one (I) work day, the employee may be required to file
physician's certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence.
6. Whenever an employee is compensated hereunder for sick leave or injury and has not ha
a vacation at the end of the current calendar year, he/she shall be allowed to take hislher vacation in the nex
calendar year.
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7. Whenever the term "service of the City" appears herein, it shall be deemed to include al
service to the City of San Bernardino, the San Bernardino Board of Water Commissioners and the San Bernardin
Free Public Library Board.
8. Sick leave may be accumulated without limit and approved time off with pay for sic
leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall no
accumulate during periods of leave of absence without pay. The words "working day" shall mean a normal day t
which an employee has been assigned to work.
9. Unused sick leave is payable upon resignation, retirement or death, except dismissal 0
resignation with prejudice at fifty percent (50%) of total accumulated hours. There is no cap or service requirement.
T. Iniurv Leave
All non-safety employees shall be granted industrial accident and illness absence with full pay fo
each such accident or illness for the first seven (7) calendar days of their disability. Effective with day eight (8) 0
the necessary absence for such illness, each employee shall be authorized, upon hislher ~Titten request, to utilize an
balance of his/her accumulated sick leave or vacation credits to augment the amount of temporary disabilit
compensation received to the extent that the total sum received will result in a payment equal to his/her regular an
normal compensation. The utilization of sick leave for this purpose shall end with tennination of the ternporar
disability or when the accumulated sick leave credits have been exhausted, whichever occurs first.
When injury is sustained in the course and scope of employment with the City by a safet
employee, said employee shall be compensated under the provisions of the Workers' Compensation Insurance an
Safety Act of California and not under the provisions of this resolution; provided that he/she shall be reimburse
pursuant to the provisions of California Labor Code Section 4850 during the first three hundred sixty-five (365) day
of disability.
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Safety employees who are receiving payments under Labor Code Section 4850 shall accru
vacation, sick leave and holiday credits during such absence from duty.
When any employee is off duty on injury leave and has not had a vacation at the end of the curren
year, he shall be allowed to take his vacation in the calendar year he returns to duty.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION
2 NOS. 2005-230,2003-364,2003-329,2003-277,2003-41, and 2002-104.
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When an employee sustains what he/she believes to be an industrial injury or illness, the employe
shall notify the supervisor immediately, or as soon as possible. The employee shall prepare and submit a report 0
injury or illness, and the supervisor shall prepare the supervisor's report, and make distribution. In the event th
employee is unable to prepare the report within twenty-four (24) hours, the supervisor or a member of th
division/department staff shall prepare the required report. Benefits will not be paid, until the required reports hav
been filed with Human Resources, and a doctor's first report of injury or illness has been received. The employe
has the right to be examined and treated by a physician of their choice, within the required time, for the allege
injury or illness, as required by the California Labor Code.
The City shall have the right to require the employee be examined by a physician designated b
the City, to assist in determining the length of time during which the employee will be unable to perform th
assigned duties, and if the disability is attributable to the injury involved.
Should there be a dispute between the physician selected by the City and the physician selected b
the employee, a third physician shall be mutually agreed upon between the employee and the City to examine th
employee, to assist in making necessary medical determinations.
U. Reasonable SusDicion Testing
1. Employees will participate in a reasonable suspicion testing program for drugs an
alcohol, following the Reasonable Suspicion Drug/Alcohol Testing procedure described in the
Bernardino's policy on Drugs and Alcohol Testing of Employees with Commercial Driver's Licenses.
2. The fire management employees agree to have fire management employees with driver
licenses of (I) Class "B" FX with "X" endorsement, (2) with Commercial Driver's Licenses or (3) Class "C'
Driver's Licenses participate in reasonable suspicion drug and alcohol testing, as outlined in the Fire Safe
Employees'MOU.
3. All supervisors will receive training consisting of at least six (6) hours on identificatio
of actions, appearance or conduct, which are indicative of the use of drugs or alcohol.
4. A Supervisor must directly observe and document the behavior on a reasonable suspicio
checklist. Reasonable suspicion may not be based on hearsay.
V. Leave of Absence Without Pav
Leave of absence without pay is a temporary non-pay status and absence from duty granted at th
request of the employee. Leave of absence without pay may be granted by the Mayor and Common Council for
period not to exceed six (6) months, upon the positive recommendation of the Department Head and the Cit
Administrator. Under justifiable conditions, said leave may be extended by the Mayor and Common Council fo
additional periods. Leave of absence without pay will be considered favorably if it is expected that the employe
will return to duty and that at least one of the following benefits will result: increased job ability, protection or
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RESOLUTION OF THE CITY Of SAN BERNARDINO ESTABLISHNG A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION
2 NOS. 2005-230,2003-364,2003-329,2003-277,2003-41, and 2002-104.
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improvement of the employee's health, retention of a desirable employee, or furtherance of a program of interest t
the City. Examples of or conditions for which a leave of absence without pay may be granted are:
I. For an employee who is a disabled veteran requiring medical treatment;
2. For an employee who is temporarily mentally or physically unable to perform hislhe
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duties;
3. For an employee who files for or assumes elected office;
4. For maternity or paternity leave, upon the recommendation of the attending physician;
5. For military leave when the employee has less than I year of service to qualify for leav
with pay.
An approved leave of absence without pay for less than sixty (60) days in any calendar year wil
not be considered a break in service. Leave in excess of sixty (60) days shall result in the advancement of th
employee's anniversary date and compensation advancement date to such date as will account for the total period 0
uncompensated time off. Failure to return to duty at the expiration of the approved leave shall constitute a
abandonment of the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecute
consistently therewith.
Emplo)'ees who are called to active duty as a result of the activation of military reservist
beginning in September 2001, due to the crisis related to terrorist attacks on America, and who are eligible t
receive the thirty (30) calendar day militar)' leave compensation in accordance with Military Code Sectio
395 et seq., shall receive the difference between their regular City salary, as established by Resolution No
6413 and their total military salary, starting the 31't calendar day of military leave. The difference in salar)
shall continue for up to one )'ear of active military service, which includes the thirty (30) days provided for i
this section. During this one-year period, the City will continue to provide the emplo~'ee the benefit plan a
was provided prior to such active duty, Payment into the PERS retirement plan will be made on a prorate
basis. Any employee activated prior to December 1, 2003 will be eligible to receive up to a maximum of on
)'ear the benefits described abon. Employees activated after December 1, 2003 will not be eligible for an)
benefits beyond those mandated by law, unless the Mayor and Common Council expressly approve sue
compensation. This compensation provision applies to those employees who are involuntarily called to activ
military duty.
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The compensation provision does not include an employee's attendance at weekend reserv
meetings or drills. Employees must use their own time to attend such meetings. Should the meeting
unavoidably conflict with an employee's regular working hours, the employee is required to use vacatio
leave, holiday time, compensatory time off, or leave without pay. Employees who are called in for a medica
examination to determine physical fitness for military duty must use vacation leave or leave without pay. The
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
COl'olrIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION
NOS. 2005-230, 2003-364, 2003-329, 2003-277,2003-41, and 2002-104.
3
thirty (30) day compensation provision also applies to any employee on military leave, other than temporar
military leave, who is ordered into active military duty or is inducted, enlists, enters, or is otherwise calle
into active military duty.
A copy of military orders must accompany the "request for leave" form and
military earnings statement must be provided to the City on a monthly basis. Employees who are eligible fo
military leave compensation will be placed on a leave of absence with the right to return to their positions
The detailed procedures for processing and payment will be discussed and established between the City 0
San Bernardino Finance Department and the affected employee.
W. No-Pav Status
If an employee does not have time reported to payroll during a pay period resulting in no payrol
check issued, they will be considered on no-pay status. The Finance Department will biII the employee for both th
employee and employer portions of their Insurance Benefits. This will be in effect for any and all pay periods durin
the time employee is no-pay status. Employees can voluntarily cancel insurance benefits by contacting the Huma
Resource Department. If an employee chooses to cancel their health benefits they will be subject to reenrollmen
pursuant to PERS guidelines. In circumstances in which either the Federal Family Leave Act or the State Medica
and Family Leave Act apply, the City shall adhere to the requirements of the Acts.
Notwithstanding any other provision of this section to the contrary, the City will continue it
contribution for health and life insurance premiums of an employee on no pay status or leave of absence due to an
injl1ry or illness arising out of and in the course of his /her employment with the City.
X. Holidavs
All participants shall receive the following paid holidays:
New Year's Day January I
Martin Luther King Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November II
Thanksgiving 4th Thursday in November
Day After Thanksgiving 4th or 5th Friday in November
Christmas Eve December 24
Christmas Day December 25
New Year's Eve December 31
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Two (2) Floating Holidays (18 holiday hours)
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT AN
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTION
NOS. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104.
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Holidays listed above shall be allowed on a Monday, if any such holiday falls on Sunday, an
shall be allowed on the preceding Friday, if such holiday falls on a Saturday, for all employees except those covere
by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and th
holiday eves will be observed on Mondays and Tuesdays.
Effective January I, 2006, non-safety employees shall accrue nine (9) hours of holiday tim
per holiday. Two (2) Doating holidays will equal 18 holiday hours and will be placed into the employee'
holiday account at the beginning of each calendar year.
In lieu of the above, shift employees shall accrue six-and-a-half (6-'h) shifts per calendar year
accrual at six (6) hours per pay period.
Holidays earned in any twelve- (12) month period are not accumulative beyond the total numbe
of holidays allowed each year by this pay plan.
If a holiday falls on a nine - (9) or ten - (10) hour work day, the employee will be paid eight (8
hours holiday pay. The employee may supplement the holiday with accrued vacation, holiday account time, or n
pay. Effective January I, 2006, the employee will be paid nine (9) hours holiday pay.
If new employees elect to "draw down" from the holiday account, the hours used will be deducte
from the sixteen (16) holiday account hours they receive upon the completion of six (6) months of continuou
service. Effective January 1, 2006, employees may draw down from the eighteen (18) hours holiday accoun
upon compll'tion of six (6) months of continuous senice.
In the event of the employee's failure for any reason to take such holiday account hours during th
term of this Resolution, the employees shall be paid for hislher holiday account balance, upon separation from th
City. Effective January 1, 2006, emplo}'ees may accrue a total balance of a maximum of 126 hours.
Police
Police Safety Management members may sell back up to one quarter (25%) of their annua
holiday leave. Maximum sell back will be 28 hours. Eligible employees shall notify the Finance Departmen
by August 1, of his/her request for sell back for the prior fiscal year ending June 30. The City shal
compensate eligible employees on the first payday in September.
Effective January 1, 2006, safety employees will accrue nine (9) hours per holiday. Holiday
earned in any twelve-month period are not accumulative beyond the total number of holidays allowed eac
year by this pay plan. Employees may not exceed a balance of 126 hours at any time.
y. Benefits ReoDener
It is intended that this plan not discriminate in favor of highly compensated employees or ke
employees as to contributions and benefits, in compliance with the requirements of Section 89 of the Tax Refo
Act of 1986. If existing non-taxable fringe benefits are found to be taxable pursuant to new law, regulations 0
interpretations, the City agrees to discuss implementation of alternate forms of compensating affected employees t
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT Ai'\[
CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING RESOLUTI01'-
2 NOS. 2005-230,2003-364,2003-329,2003-277,2003-41, and 2002-104.
SECTION 3. Reso]ution Nos. 2005-230, 2003-364, 2003-329, 2003-277, 2003-41, and 2002-104 an
hereby repealed in their entirety.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Counci
of the City of San Bernardino at a meeting thereof, held on the
day of , 2005, by the following vote, to wit:
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COUNCIL MEMBERS:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
AYES
NAYS
ABSTAIN
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ABSENT
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Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this
,2005.
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day of
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PH-;MAN
:~~n;:~~~ 1 ;)('1'V"~;'~
//;.,
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~~genda Items:Reso.Mgmt.Conf.Update.2005.Bold
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting D.te (Dote Ado'!), 7. 18- (l~. I g Rooolution'
Vote: Ayes ~ Nays Abstain
Change to motion to amend original documents 0 Companion Resolutions
C)OO~ · )-Vd--
Absent
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
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Date Sent to Mayor: 1 J tq I oS .
Date of Mayor's Signature: 1'n ,O{
Date of Clerk/CDC Signature: 7 l,)..l ... 0 \'
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature:
1 'I Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Y"~NO_ By_
Yes~ No_ By_
Yes No ~By_
NO~/
No By_
Yes
Yes
:-J Copies Distributed to:
~
~ Animal Control 0 EDA 0 Information Services 0
~ City Administrator ~ Facilities g/ Parks & Recreation 0
City Attorney Finance Police Department 0
Code Compliance 0 Fire Department ,~ Public Services 0
Development Services Df4: Human Resources Water Department 0
Others: (t-l)
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Notes:
/
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Ready to File: V
Dat~
Revised 12/18/03